Manipur as a case for imposing Article 356
Context:
Since May 2023, Manipur has been grappling with ethnic violence, causing immense loss of life, property and dignity. More than 250 deaths, more than one lakh displaced and reports of heinous crimes symbolises the collapse of state’s constitutional machinery.
Relevance:
GS-02 (Indian Polity)
Dimensions of the Article:
- What is the issue?
- Why Impose Presidents Rule?
- President Rule, in brief.
- Way Forward
What is the issue?
- The ethnic clashes between the Meitei and Kuki communities led to widespread unrest in the region.
- The trigger: The violence sparked after the Manipur High Court ordered the state government to consider granting Scheduled Tribe (ST) status to the Meitei community.
- The Meitei community, a majority population in the Imphal Valley, argued for protection of their cultural identity and land rights.
- The Kuki community, on the other side, predominantly in the hill districts, opposed the move, fearing it would erode their autonomy and land ownership.
- A peaceful tribal solidarity march organised by Kuki groups escalated into violent clashes.
- Targeted attacks:
- Women and children were exploited both physically and sexually.
- Religious places were attacked.
- Over 250 people were killed and more than 1 lakh people displaced.
- State and Centre’s response:
- Paramilitary forces were deployed to control the situation, yet violence persisted.
- Although relief camps were set, they proved inadequate.
- Current scenario:
- The violence is still continuous with reported killings, arson, and sexual violence.
- Political and social trust between the communities has eroded, leaving a fragile and volatile situation.
Why Impose Presidents Rule?
- Unique Nature of Violence:
- Unlike incidents in Nagaland and Jammu & Kashmir, where insurgency and terrorism are at a focal point, the violence in Manipur mainly involves ordinary citizens caught in ethnic clashes, forcing them into self-defence or retaliation.
- Reports of heinous crimes, including the public parading of women and targeted killings, showcase a complete breakdown of law and order.
- Judicial and Executive Inaction:
- Despite repeated interventions by the Supreme Court, the violence persists. In its July 2023 suo motu notice, the Court termed incidents like the sexual violence against women as “gross constitutional violations.”
- The Union government’s measures, while acknowledged by the Court, have failed to bring stability.
President Rule-in brief.
- Article 356 of the Indian Constitution states that President’s Rule can be imposed on any state of India on the grounds of the failure of the constitutional machinery. If,
- The President receives a report from the state’s governor or otherwise is convinced or satisfied that the state’s situation is such that the state government cannot carry on the governance according to the provisions of the Constitution.
- Any state fails to comply with all directions given by the Union on matters it is empowered to.
- It is also called ‘State Emergency’ or ‘Constitutional Emergency’.
- Mandates:
- Parliamentary approval is necessary for the imposition of the President’s Rule on any state.
- The proclamation of President’s Rule should be approved in both Houses of Parliament within two months of its issue.
- The approval is through a simple majority.
- The President’s Rule is initially for a period of six months. Later, it can be extended for a period of three years with parliamentary approval, every six months.
- President’s Rule can be revoked anytime after such a proclamation has been made by a subsequent proclamation by the President.
- A proclamation of revocation does not require approval by the Parliament.
Way Forward
- Considering the outrage seen over the past year, although a powerful tool, the President should make use of this constitutional intervention to re-establish governance and implement measures under Article 355 effectively.
- Monitor relief and rehabilitation efforts under judicial supervision to ensure timely and effective implementation.
- The central government must demonstrate leadership by decisively addressing the crisis, setting a precedent for handling such situations in the future.
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